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it as enemy combatant, military court. i know john mccain, lindsey graham, couple of others are pushing for that. you need a little more evidence to know whether you can do that. you really have to know, did he become part of the terrorist war against the united states? these e-mails and texts that they're discovering kind of make a pretty good case that he was part of a group that's at war against the united states. if you can make that case, then you could try him in a military court. you could try him in guantanamo bay and not have the spectacle of this trial having to take place in boston or some other place where they would change venue. >> are you sure about military court? as i understand, it was for noncitizens and for foreign nationals. >> if a citizen becomes part of the war effort against the united states -- let's take an example like this. let's take the second world war. let's say an american citizen went to germany and joined the nazi army and invaded the united states, we could try that person in a military court. now, the nature of this war is so ambiguous, you're going
on and is he prosecuted as an enemy combatant as senator mccain and lindsey graham and others -- >> martha: do you expect this administration to do that? >> no, because they've stated they will not hold american citizens indefinitely, even though -- >> martha: that's established under the supreme court -- >> the defense authorization act of 2012, they can. there have been statements by the president that they wouldn't enforce it. but if they wanted to enforce it, they could at this point. this will become a subject of debate. what's best for america? hold them forever or try them? let's see what happens. >> martha: as always, great to have you. >> good to see you. >> martha: bill? >> bill: martha, there is still -- they're still collecting evidence on boylston street. we saw the haz-mat suits on a short time ago. that process still continues. boston shows its resilience. the residence come out cheering the efforts of police and the investigation. as that continues, too, the applause from last night will be memorable in this city's long and historic tradition. [ cheers and applause ] >> usa! us
that's the wrong legal path. senator lindsey graham of south carolina has said tsarnaev should be questioned by u.s. intelligence agencies. and then put on trial before a military commission, perhaps even at guantanamo bay in cuba. the obama administration has insisted that criminal trials can be just as effective, and tsarnaev is an american citizen, which could complicate putting him in a military court. the actual filing of criminal charges. that could come quite quickly. even within the next day or so. and the -- he would then appear before a federal magistrate. if he is not well enough to leave the hospital, that hearing could actually be done in his hospital room. alex? >> okay, pete, so what point does he get an attorney? >> well, he gets a lawyer during this questioning process for the next 48 hours. under this rule. he has no right to the miranda right. once he exercises his miranda warning, though -- once he exercises his miranda rights he has the choice to stop answering questions. but what the justice department says is, most people in these cases, surprisingly enou
including john mccain and lindsey graham, they have suggested that e he should be treated as an enemy combat t combatant. let me read from the statement just released. the suspect based upon his actions, clearly is a good candidate for enemy combatant sts. we are encouraged to have our team involved and working together intelligence about how these terrible acts were committed and the possible of future attacks. a decision to not read miranda rights to the suspect was sound and in our national security interests. but they go one step further, avery, and say he shouldn't be tried as a normal u.s. citizen but an enemy combatant. what do you say to senator mccain, senator graham, peter king of the house intelligence committee who all four of them have issued this statement? >> respectfully, wolf, this is an american citizen naturalized committing alleged crimes on american soil. there's no question but that this case belongs in an article three a federal district court. the federal courts in boston have an enormous experience in dealing with terrorism. i'm mystified at that kind of statement.
, lindsey graham, kelly ayotte, peter king, they released a statement, the suspect, based upon his actions, clearly is a good candidate for enemy combat tant status. we do not want the suspect to remain silent. we have concerns that limiting this investigation to 48 hours and exclusively relying on the public safety exception to miranda could very well be a national security mistake. is this realistic he would be named as an enemy combat talent, denying him rights even though's u.s. citizen, he was naturalized on september 11th of last year and he was arrested in the united states? >> no, this is a deep philosophical division between the obama administration and some of the republican -- sorry about this and what that means is the obama administration has said the criminal justice system can make this work, the criminal can handle national security risks like this person, terrorists have been prosecuted, moussaoui. this administration is committed to using the american courts there are some critics, like senator mccain, like senator graham, who say that's too big a risk, that we have too m
senator lindsey graham, specifically from senator john mccain for the suspect to be treated as an enemy combatant. how is legal action at this point most likely to move forward? >> reporter: well, the obama administration would never go for that, partly as a policy matter. they have made it quite clear that civilian courts are up to the task and they think in many ways better than military tribunals which are untested. civilian courts have convicted lots of terrorism defendants. it will be a federal case. they'll charge him withes with use of a weapons of mass destruction. the maximum penalty is the death penalty. the government will have to decide whether to seek that or not. there's an additional wrinkle here. he is an american citizen. he was a naturalized citizen last year oddly on 9/11 of last year, and there is an open legal question about whether even if the government wanted to, it could declare an american citizen captured on u.s. soil as an enemy combatant. it's an untested question. the government tried to do it in the case of jose padilla several years ago and as that case w
got in terms of a note that was handed to me talking about a few senators, lindsey graham, john mccain, kelly ayotte, congressman peter king, all of whom have said this suspect based on his actions clearly is a good candidate for enemy combatant status. we do not want this suspect to remain silent. talk about that in terms of what prosecutors are doing right now. is that the path down which prosecutors and any investigators are going right now? >> well, it's unclear whether or not they're going down that path to identify and designate him as an enemy combatant but they should at least go down the path to determine whether or not that is the designation they should make for this particular person. then they should do it based on our national security, national interest to determine whether or not identifying him as an enemy combatant will actually enhance our national security and national interest. >> what about the charges? what do you expect them to be against dzhokhar. >> well, if he's not designated as an enemy combat eant he wille charged federally. the first decision has to b
, republican senators lindsey graham, kelly ayotte, congressman peter king a short time ago, issued a statement this morning asking for the suspect to be tried as an enemy combatant. they said, in part, "we do not want the suspect to remain silent." senator chambliss, vice chair of the subcommittee on violence said "i'm disappointed that it appears this administration is once again relying on miranda's public safety exception to gather intelligence which only allows, at best, a 48-hour waiting period that may expire since the suspect has been critically wounded." will there be a public outcry, ed o'keefe, about all that's given, the suspect is a natural citizen? >> with those five senators -- lawmakers, certainly the outcry could potentially be beginning. it's no surprise that that quintet, if you will, is calling for the administration to handle him as what they describe as an enemy combat talent. the obama administration doesn't use that term anymore it allows for an indefinite detention of someone under national security concerns. that's what they are hoping for. we will see what the justice
performed by national captioning institute] >> arizona senator john mccain and senator lindsey graham have released a statement on the image hortense -- on the importance of immigration security. some have suggested that the circumstances of the terrible tragedy is a justification for delaying or stopping the effort for comprehensive immigration reform. in fact the opposite is true. immigration reform will strengthen our nation security by helping us identify exactly who has entered our country and to has left. a basic function of government that our broken immigration system is incapable of accomplishing today. the status quo is unacceptable. >> tomorrow on "washington journal" and roundtable discussion on the use of surveillance cameras with ginger mccall. uel marc gerecht. and a security bill working its way through congress. and a bill that found gaps in oversight compound pharmacies across the country. at 7ington journal" live a.m. eastern on c-span. is the most expensive weapons system in the history of the united states. fighter jetanced that is to be used by the air force, the navy
Search Results 0 to 8 of about 9

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